As a community service, TBHI is honored to be offer a FREE informational course to the behavioral community of professionals at this worrisome time.
Resources are being offered by a number of key groups to help you get immediate, accurate and helpful information
Attend this webinar to hear the evidence supporting practice models that can be legitimately offered from your home. You will be delighted to see several viable models that meet all required legal and ethical mandates, are evidence-based, competency-based and are financially successful — not only in the United States but across the globe.
FREE with this coupon code: COVID
Available immediately upon registration
100% online access, 24/7 for 6 months
Available wherever you are with an internet connection
1 CME or CE Hour Available at 50% off if needed ($39.50) after viewing
2. Disclaimer/Disclosure
GOAL: Our goal is educational only. No warranty, guarantee,
or representation is made as to the accuracy or sufficiency of
the information contained in our presentation for your specific
circumstance.
YOUR PART: You are encouraged to seek practice-specific
advice from your legal, regulatory, ethical and malpractice
bodies before offering any online services or programs to
consumers. Get all such opinions in writing, and have your
informed, local, legal counsel review them for their full
significance.
I have no conflicts of interest with any groups identified in this
training.
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
3. Issues involved with COVID-19
are complex, fact-specific and
state-specific. They will require
legal expertise that I cannot
provided in this presentation.
I do not, and cannot, provide legal
advice. The information that I
present does not constitute and
should not be relied upon as legal
or ethical advice and should not
be used as a substitute for
obtaining personal legal advice
and consultation prior to making
decisions about your work.
4. CME or
CE
You must complete a course
evaluation and post-test to unlock
and print a Course Completion
Certificate for your licensing board
To purchase a CME or CE, visit this
page: https://telehealth.org/covid to
access the course and handouts,
then select the option to purchase
CME or CE from within that
dashboard
Your will see one for all the types of
CME and CE offered
5. Please
Interact
This was event is designed to
be a workshop –we can
interact
Please contribute to the group
discussion
The chat room is open for
everyone to see
I will read your questions and
as much of the answers as
possible
If you get out of hand, I will
remove you from the room and
refund your fees…
6. Today’s Webinar
The Internet Is Straining
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
PLEASE
UNDERSTAND
. YOU MAY
NOT HEAR OR
SEE
EVERYTHING.
INTOLERAN
T
RESPONSE
S TO
FAILING
TECH
DON’T
HELP
IF YOU
CANNOT
SEE ALL OF
THIS
EVENT, IT
WILL BE
RECORDED
IF THE
RECORDING
IS NOT
PERFECT,
PLZ KNOW
THAT WE ARE
TRYING
7. Make a To-Do List
Optimize Your Learning
1. Mute your phone, turn off texts and
emails, lock your door
2. Organize yourself by
3. making a to-do list as we go
4. Rank order your to-dos by priority
5. Consider meeting with like-minded
colleagues to discuss your
implementation plan
10. Poll
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
My technical
incom-
petence will
show
I will make a
clinical
mistake
I won't get
paid
I can't
control the
other site
11. Attitude
Reflect on what’s happening worldwide
Share views with trusted colleagues
Self-discipline
Stay sober
Get and share the facts to reduce unneeded
anxiety
Read “The Story of a Coronavirus,” New York
Magazine
12. Client/Patient Education
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
You need to check in more Technology is unforgiving.
Learning curve is steep.
Can create anxiety
t
13. Client/Patient Education
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
This video conference is
not recorded
Technical specifications are
to be supplied by your
video vendor. Pass these
along to your clients
14. Client/Patient Education
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
Technical specifications are
to be supplied by your
video vendor. Pass these
along to your clients.
Check your Internet speed
to make sure your
connection is adequate.
15. Cons
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
MORE MISTAKES
BECAUSE YOU
HAVE LESS
INFORMATION
“REPEAT IF I’M
NOT GETTING IT”
LET’S GO
SLOWLY
EXTRA CAUTION
NEEDED
Client/Patient Education
17. Fundamentals of Telehealth
The fundamentals of
responsible clinical practice do
not change with telehealth.
Good clinical practice remains
the same regardless of delivery
vehicle.
Adoption is changing
18. Fundamentals of Telehealth
Right now, we are experiencing
forced adoption.
However, whether you use video,
telephone, text, email, apps,
artificial intelligence, remote patient
monitoring or any other tech, you
are responsible through your legal
and ethical codes to maintain the
same quality of care as in-person.
19. With integrity, you have
nothing to fear, since you
have nothing to hide.
― Zig Ziglar
20. Fundamentals of Telehealth
Telehealth is much like
driving a car. It can take
a few months of regular
practice to learn and
remember safe
response sets, develop
reflexes, etc.
21. Fundamentals of Telehealth
Telehealth is similar. However,
right now, in this extraordinary,
worldwide state of emergency, so
many clinicians are untrained that
the rules must be temporarily
relaxed.
Keeping clients/patients safe is
more important than attending to
other safety rules such as privacy
right now.
22. Role of Good
Clinical
Practice &
Work Ethics
Practitioners have
traditionally been free to
practice from their homes,
but cautioned to exercise
good clinical judgment
Same is true today with
COVID-19 as well
Not time to throw out the
rule book
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
24. Home-Based Ethical Issues
BOUNDARIES:
You may inadvertently violate your own
boundaries
Noises / sounds (spouse yelling at
children)
Children / adults in background,
seen through windows, doors
Personal items visible in background
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
25. Home-Based Clinical Issues
Maintaining Consistency/Predictability
Help clients/patients focus off your home to
thinking of your office
Post an image of your office waiting room
Post images of your furniture (chair, sofa,
desk)
Include office décor in your background
(picture, vase, etc.)
Keep reins on your starting/ending times
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
26. Home-Based Clinical Issues
Maintaining Consistency/Predictability
Keeps things quiet at home
Play ambient music very softly
Ask them if it bothers them
Be extra cautious about comments regarding
your home or family
If your doorbell rings, only respond if you
suspect an emergency
Let the sign on your door direct them
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
27. Home-Based Clinical Issues
Maintaining Consistency/Predictability
Keep the focus on them
Develop a 1-line response to deal with
normal curiosity about your home life
Use the same line repeatedly and
did no diverge
They will get the message
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
28. Home-Based Clinical Issues
Maintaining Your Therapeutic Frame
Don’t deny someone’s reality by lying
about:
what you just did
what they just saw
Own it and deal with whatever comes
next
Be yourself
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
29. Boundaries Are Key
You may forget to notify family and
friends of your professional appointment
schedule – they may unknowingly
interrupt your professional time
You may be flustered when dealing with
an emergency because you have not
practiced coping with crisis when using
technology. Best to “practice” with
colleagues and not clients and patients
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
30. Procedures Are Also Key
Start a session with an opening protocol
That protocol includes formal procedures
to secure both ends of the meeting
Ask your client/patient to identify
themselves if you don’t know thm well
As where they are
Ask them to scan room with camera if
needed
31. Procedures Are Also Key
Develop a non-verbal, fail-proof system to notify family or
friends when you are in session
Lock your home office door
“Do not disturb” note on door
Note on kitchen counter
Text message others
Turn your camera away from the door
32. Video
“Ooopsies”
Cameras may show
your more than you see
on your end
Clean your background
all the way to the
corners of your room
Test with family/friends
Prepare a response if
someone comments on
what they see
34. Clinical Issues &
Production Values
v Avoid:
v “ One-eyeball Effect”
v Showing Your Client the
Inside of Your Nose
v Messy Backgrounds
v Noisy Children, Spouses,
Curious Cats or a Barking
Dog(s)
v Doorbells (put sign on door)
C 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
35. Home-Based Clinical Issues
Stretching Your Comfort Zone
Stretching is needed, but don’t over-do
Master one thing at a time
Avoid multiple platforms, devices, apps,
etc.
Find a 1-stop shop to deal with several of
your tech needs
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
36. Telehealth Guidelines?
The American Telemedicine Association and
the America Psychological Association
published Telepsychology Guidelines in 2013
NASW and other groups published a
guideline in 2017
American Psychiatric Association in
conjunction with American telemedicine
Association published guidelines in 2019
Reading a guideline does not establish
competence
38. Do we really need special
telehealth training?
Competence in behavioral health is NOT equivalent to
competence as a telebehavioral health professional
All ethical codes require competence in our
professional practices
39. Do we really need special
telehealth training?
Competencies have since been published in
telebehavioral health.
You can download a free copy here:
https://telehealth.org/blog/an-interprofessional-
framework-for-telebehavioral-health-competencies/
Download a FREE copy, and consider whether you
can do what is expected of you as a professional
43. Results: From a total of 4,712 potential
references, 453 were eligible for full
text review and 77 papers directly
related to the concepts.
From papers’ references and a review
of books and popular literature, 12
other sources of information about TPr
and VR were found. Though few
studies literally discuss the
therapeutic relationship, the impact
of technology on clinical
engagement and communication is
growing, from clinical (e.g.,
psychotherapy) and non-clinical (e.g.,
communication, TPr) literature.
Impact of
technology on
therapeutic
relationship
44. Avoid
Distractions
The historical evolution of TPr and VR
shows that definitions, foci of studies
… and assessments vary widely. TP
and TBH care can be improved by
concepts of TPr, avoiding
distractions, understanding the
technology-human interface,
measures of TPR for clinical use and
the use of simulation for training.
Reference: Hilty DM, Randhawa K, Maheu
MM, McKean AJS, Pantera R. Therapeutic
relationship of telepsychiatry and
telebehavioral health: Ideas from research on
telepresence, virtual reality and augmented
reality Psychol Cogn Sci Open J. 1994-2020;
5(1): 14-29. doi: 10.17140/PCSOJ-5-145
47. Variations in Connectivity
When at Home
Commercial vs. residential connectivity
Differences in bandwidth
Bandwidth speed can also differ by time of
day. After school is often a high traffic time
and Internet speed can be significantly
slower.
51. Some people are uncomfortable
with technology
Different technologies are better for
specific tasks
52. Difficult to stay focused
with the telephone for
long meetings. Easy to
get bored or distracted.
Video is better to keep
parties engaged.
C 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
53. Can’t blame the technology company, the Internet,
or the fact that you didn’t know better.
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
The
responsibility
is on your
shoulders
54. Ignorance is not a defense
in the face of the law
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
The
responsibility
is on your
shoulders
55. Legal Issues of
Relevance when
Working from Home
C 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
56. Temporary
Relaxing of
HIPAA vs
Privacy
Requirements
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
We are in a state of
international emergency
Laws are getting
relaxed, just as they
would be in a hurricane
HIPAA is being relaxed
in some very specific
ways
57. How do you establish
competence?
Education/Training
Supervision
Experience / Self-instruction
Documentation
Informed Consent
Intake forms
Progress notes
Termination notes
Risk assessments
Referrals
58. Basic Telehealth Legal Errors
Billing inaccurately (insurance fraud)
Wrong licensure (practicing without a
license)
Practicing anonymously (precludes
mandated reporting)
No continuity of care
Wrong technology (privacy, security,
data integrity) HIPAA and HITECH)
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
59. Temporary
Relaxing of
HIPAA versus
Legal and
Ethical
Privacy
Requirements
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
It is our job to know the laws,
and only relax the ones that we
MUST relax
State laws and ethical principles
related to privacy (and other
areas) are not going out the
window
They will hopefully change, but
we must assume that they were
put into place to protect citizens
and most of them will go back
into effect post-COVID-19
62. HIPAA Rules
HIPAA rules are being relaxed by
the Department of Health &
Human Services
Ok to speak with other
professionals without explicit
release form
Traditional HIPAA discussions
with clients/patients have
included this basic permission
for decades anyway.
HIPAA basics
should be in
place
63. HIPAA COVID-19 Update
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
Not impose penalties
for noncompliance
under good faith
provision of telehealth
Can use any non-
public facing remote
communication
product during during
COVID-19 emergency
64. HIPAA COVID-19 Update
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
Can use audio or
video and applies
to telehealth
provided for any
reason
Assess or treat any
other medical
condition, even if
not related to
COVID-19
65. HIPAA COVID-19 Update
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
Notify patients that
these third-party
applications
potentially introduce
privacy risks
Use all available
encryption and
privacy modes when
using such
applications
66. HIPAA COVID-19 Update
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
•For added protections,
these are some options
of HIPAA-Compliant
services
Skype for Business,
Updox, Vsee, Zoom
for Healthcare,
Doxy.me, Google G
Suite Hangouts Meet
67. HIPAA COVID-19 Update
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
•Some public-facing
video technologies
should not be used
Facebook Live, Twitch,
TikTok, and similar
video communication
applications are public
facing, and
should not be used
69. What does COVID-19
mean for your work?
The clinical ramifications of giving increased access to you
through technology must be weighed with a risk
assessment of the person in question.
1. What is their diagnosis?
2. What does that diagnosis tell you about their ability to
push any boundaries that you wish to put into place with
technology after the current situation subsides?
3. Can you expect compliance?
70. What does COVID-19
mean for your work?
Consider video conferencing
You may also want to consider any communication
channel that you determine to be necessary to keep
people safe
If you choose to proceed, advise your clients and
patients that rules have been lifted temporarily, much
as they would be in a flood zone or other natural
disaster experiencing an emergency
71. What does COVID-19
mean for your work?
Options Beyond Video Conferencing
Send emails to keep everyone informed? If yes, email the
message to yourself, and BCC your intended recipients so
they won’t see each other on the TO: line of your email
Communicate with your clients and patients in unsecured
text messaging already built into your devices? If yes, think
about what you write, how it might be mis-interpreted, and
document your communications.
72. What does COVID-19
mean for your work?
Options Beyond Video Conferencing
Unencrypted text messages either reside on your SIM
card or in the circuitry of the mobile phone. Messages
then, can be discovered later and given from one party to
another through the hardware of the phone.
Point: be judicious about what you say
Avoid LOL, emoticon, memes, etc.
Maintain your professional boundary at all times
73. What does COVID-19
mean for your work?
I’m not a lawyer, but given the circumstance, a
reasonable way to proceed could be:
1. Consider diagnosis, risk analysis, history, living
situation, physical health and make your
determination for each person individually
2. Give your patients or client dynamic informed
consent about risks and benefits
3. Document rationale and time/day of IC
4. Carry on
74. Join Your National, State,
Provincial or County
Psychological Associations
It is time to connect with both
our national and local
professional communities
Get on their mailing lists
Give them a hand if you have
time
76. Licensing
Boards
Licensing laws are in flux
Usually, you have to be
licensed where you client
or patient is at the time of
the contact
NOW - Check with your
state board’s website
Get on any mailing lists
Check the Center for
Connected Health Policy
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
80. CALIFORNIA Department of Managed
Health Care (DMHC) is requiring all
[insurance health] plans to reimburse for
telehealth at the same level they
reimburse for face-to-face visits.
81. What are
traditional
telehealth
jurisdictional
limitations?
Licensing laws are in flux.
To comply with licensing
law, you must traditionally
be licensed in the state (or
province) where your
client/patient is at the time
of the contact, regardless of
where you live or work.
Much telehealth is
conducted by practitioners
in their home offices.
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
83. How to handle?
Realize that employer,
insurance company and
other forms are legal
declarations
Always tell the truth
Always inform your
malpractice carrier
85. Telebehavioral Health
Standards & Guidelines
American Medical Association
American Counseling Association
American Mental Health Counselors Association
American Psychological Association
American Telemedicine Association
Australian Psychological Society
British Psychological Society
Canadian Psychological Association
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
86. Telebehavioral Health
Standards & Guidelines
Federation of State Medical Boards
National Association of Social Workers
New Zealand Psychological Psychologists Board
Ohio Psychological Association
For specific documents, see:
http://telehealth.org/ethical-statements
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
88. Informed Consent Issues
IC is Not Directly Relevant in Home-Based
Telehealth Delivery
IC is a legal as well as ethical issue
Most state laws and ethical codes do
not ask you to describe where you are
at any given time when using
telehealth
If you mention it however, you will
need to deal with consequences as a
therapeutic boundary issue
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
91. COVID-19 Funding
Changes affect Medicare, Medicaid and in some states,
the 3rd party payors.
See handout by the Center for Medicare and Medicaid
Services (CMS)
So far, communication equipment must provide 2-way,
live interactive video. Telephone is not yet covered,
although APA is advocating for telephone to be
approved
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights
reserved.
92. Coronavirus Preparedness and
Response Supplemental
Appropriations Act 1994-2020
The new law limits telehealth services to patients for
whom the provider had filed a Medicare claim for
within the previous three years. However, CMS
guidance states that the Department of Health and
Human Services (HHS) will not conduct audits to
check whether a clinician’session was a new or a
returning patient.
93. Coronavirus Preparedness and
Response Supplemental
Appropriations Act 1994-2020
Medicare patients are no longer required to be in
an originating site and can now receive telehealth
services in their own homes as well as in any
health-care facility.
Telehealth is now available to Medicare
beneficiaries in all parts of the country, not just in
rural areas.
94. Coronavirus Preparedness and
Response Supplemental
Appropriations Act 1994-2020
Telehealth services are reimbursed for the
same dollar amount as in-person visits.
Providers may reduce or waive cost-sharing
for telehealth visits during this emergency
period. This does not apply to brief
communication e-Visits (described below).
95. Reimbursement
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
Medicare
Bill Medicare for
telehealth services the
same way you bill for an
office visit by using the
appropriate CPT® code
for the service provided.
96. CPT Codes
Interactive complexity (90785)
Psychiatric diagnostic interview (90791)
Psychotherapy including individual (90832, -34, -37), family
(90846, -47), and
Psychotherapy for crisis (90839, -40)
Psychoanalysis (90845)
Health behavior assessment and intervention services,
individual and group (96158, -59, -64, -65, -67, -68, -70, –71)
Neurobehavioral status examination (96116, 96121)
97. Telehealth Modifier Codes
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
“95” IS NEW
STANDARD CPT
CODE
“02” IS USED FOR
PLACE OF SERVICE
(POS)
98. E-visits
Copyright 1994-2020 Telebehavioral Health Institute, LLC All rights reserved.
Medicare co-insurance
and deductible amounts
cannot be waived for e-
Visits.
Brief communication,
typically initiated by the
patient, and can be
furnished in any location
or geographic area.